Nepali Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24325 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- SULTANGANJ District- Patna ====================================================== 1.

NEPALI CHAUDHARY, aged about 37 years, Gender-Male, son of Sita Ram.

2.

Abhinash Kumar, aged about 24 years, Gender-Male, son of Late Piyaju Ram.

Both are resident of Purani Ambedkar Colony, P.S.-Sultanganj, District - Patna.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bhola Prasad, Advocate For the Opposite Party :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-12-2021 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for grant of anticipatory bail arises out of Sultanganj P.S. Case No. 07 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

In view of the fact that prima facie a case under the Excise Act, is made out against the petitioners, this application for grant of anticipatory bail to the petitioners is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar

Patna High Court CR. MISC. No.24325 of 2021(2) dt.03-12-2021 2/2 reported in 2019(2) P.L.J.R. 1089 (F.B.).

Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pawan/- U T